D'AMOURS v. Hills

In State v. Kinne, 41 N. H. 238, it was decided that the State is not bound by a statute which bars any of its prerogatives, rights, titles or interests, unless the statute by express words includes the State in its provisions. Accordingly, it was held that the State was not liable for costs either in civil or criminal proceedings. Following this opinion the Legislature provided that in civil actions in which the State is plaintiff, if the defendant prevails, he may recover costs against the county where the judgment is rendered. R. L., c. 397, s. 12.

Revised Laws, chapter 365, section 3, does…